Things you need to know about Affidavit of Desistance.

Last updated on 6 February 2024

1. What is an Affidavit of Desistance?

An Affidavit of Desistance is a statement under oath by the complainant saying that he / she is no longer interested in pursuing a complaint or criminal case against another person.

The Affidavit of Desistance is filed before the office or court where the complaint is pending or being investigated. However, merely filing the Affidavit of Desistance does not automatically dismiss the complaint or criminal case. The decision to dismiss the complaint or criminal case is with the investigating officer or the judge.

2. When do you need an Affidavit of Desistance?

An Affidavit of Desistance is needed when you are no longer interested in pursuing a complaint or criminal case against another person. This can be for a variety of reasons, such as:

• You have already amicably settled with the other person;
• You are no longer willing to spend either time or effort in prosecuting the other person; and
• You realized that you filed the complaint or criminal case against the wrong person.

In these cases, you file the Affidavit of Desistance to show the investigating officer or judge that you are no longer interested and want to have the complaint or criminal case dismissed.

3. What information do you need to create the Affidavit of Desistance?

To create your Affidavit of Desistance you’ll need the following minimum information:

• The type of entity of the complainant (e.g. individual or business) as well as name and details (e.g. nationality and address);
• The type of entity against whom the complaint or criminal case was filed (e.g. individual or business) as well as name and details (e.g. nationality and address); and
• Brief description of the complaint or criminal case (e.g. the crime involved, complaint or criminal case number, etc.)

4. How much is the document?

The document costs PHP 350 for a one-time purchase. Once purchased you have unlimited use of the document.

You can also avail of Premium subscription at PHP 1,000 and get (a) unlimited use of our growing library of documents (from affidavits to contracts); and (b) unlimited use of our “Ask an Attorney” service which lets you consult a lawyer specializing in your concern.